FOR CONSIDERATION By the Committee on Ethics and Elections 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to elections; amending s. 97.0535, F.S.; revising forms of acceptable identification for certain voter registration applicants; amending s. 98.077, F.S.; revising the time by which updates of voter signatures must be received by the supervisor of elections; removing the requirement that a voter signature on file at the start of the canvassing of absentee ballots be used for signature verification on absentee and provisional ballot certificates; amending s. 101.001, F.S.; revising requirements for precinct boundaries as of a specified date; amending s. 101.043, F.S.; revising authorized methods for identifying an elector at a polling place; amending s. 101.20, F.S.; authorizing a sample ballot to be mailed to certain electors in lieu of publication; amending s. 101.6102, F.S.; authorizing cities to conduct certain elections by mail if approved by the governing body and supervisor of elections; amending s. 101.62, F.S.; revising the time by which the supervisor must make certain absentee ballot information available; amending s. 101.65, F.S.; conforming a provision to changes made by the act; amending s. 101.657, F.S.; requiring the supervisor to designate early voting sites in certain special elections; amending ss. 101.68 and 101.6923, F.S.; conforming provisions to changes made by the act; amending ss. 189.04 and 190.006, F.S.; requiring certain special district and community development district elections to be held at Page 1 of 16
30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 a primary election; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (3) of section 97.0535, Florida Statutes, is amended to read: 97.0535 Special requirements for certain applicants. (3)(a) The following forms of identification shall be considered current and valid if they contain the name and photograph of the applicant and have not expired: 1. United States passport or passport card. 2. Debit or credit card. 3. Military identification. 4. Student identification. 5. Retirement center identification. 6. Neighborhood association identification. 7. Public assistance identification. 8. United States Department of Veterans Affairs veteran health identification card. 9. A license to carry a concealed weapon or firearm issued pursuant to s. 790.06. Section 2. Subsection (4) of section 98.077, Florida Statutes, is amended to read: 98.077 Update of voter signature. (4) All signature updates for use in verifying absentee and provisional ballots must be received by the appropriate supervisor of elections no later than 5 p.m. on the day before an election the start of the canvassing of absentee ballots by Page 2 of 16
59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 the canvassing board. The signature on file at the start of the canvass of the absentee ballots is the signature that shall be used in verifying the signature on the absentee and provisional ballot certificates. Section 3. Effective January 1, 2021, paragraph (e) of subsection (3) of section 101.001, Florida Statutes, is amended to read: 101.001 Precincts and polling places; boundaries. (3) (e) A Any precinct established or altered under the provisions of this section shall consist of areas bounded on all sides only by census block boundaries from the most recent United States Census. If the census block boundaries split or conflict with the another political boundary listed below, the boundary listed below may be used: 1. Governmental unit boundaries reported in the most recent Boundary and Annexation Survey published by the United States Census Bureau; 2. Visible features that are readily distinguishable upon the ground, such as streets, railroads, tracks, streams, and lakes, and that are indicated upon current census maps, official Department of Transportation maps, official municipal maps, official county maps, or a combination of such maps; 3. Boundaries of public parks, public school grounds, or churches; or 4. boundaries of counties, incorporated municipalities, or other political subdivisions, such boundaries may be used provided that they meet criteria established by the United States Census Bureau for block boundaries. Page 3 of 16
88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Section 4. Paragraph (a) of subsection (1) of section 101.043, Florida Statutes, is amended to read: 101.043 Identification required at polls. (1)(a) The precinct register, as prescribed in s. 98.461, shall be used at the polls for the purpose of identifying the elector at the polls before allowing him or her to vote. The clerk or inspector shall require each elector, upon entering the polling place, to present one of the following current and valid picture identifications: 1. Florida driver license. 2. Florida identification card issued by the Department of Highway Safety and Motor Vehicles. 3. United States passport or passport card. 4. Debit or credit card. 5. Military identification. 6. Student identification. 7. Retirement center identification. 8. Neighborhood association identification. 9. Public assistance identification. 10. United States Department of Veterans Affairs veteran health identification card. 11. A license to carry a concealed weapon or firearm issued pursuant to s. 790.06. Section 5. Subsection (2) of section 101.20, Florida Statutes, is amended to read: 101.20 Publication of ballot form; sample ballots. (2) Upon completion of the list of qualified candidates, a sample ballot shall be published by the supervisor of elections in a newspaper of general circulation in the county, before the Page 4 of 16
117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 day of election. A supervisor may send a sample ballot to each registered elector by e-mail at least 7 days before an election if an e-mail address has been provided and the elector has opted to receive a sample ballot by electronic delivery. If an e-mail address has not been provided, or if the elector has not opted for electronic delivery, a sample ballot may be mailed to each registered elector or to each household in which there is a registered elector in lieu of publication at least 7 days before an election. Section 6. Paragraph (c) is added to subsection (1) of section 101.6102, Florida Statutes, to read: 101.6102 Mail ballot elections; limitations. (1) (c) Notwithstanding subsection (2), cities may conduct candidate elections by mail if approved by the governing body and the supervisor of elections. Section 7. Subsection (3) of section 101.62, Florida Statutes, is amended to read: 101.62 Request for absentee ballots. (3) For each request for an absentee ballot received, the supervisor shall record the date the request was made, the date the absentee ballot was delivered to the voter or the voter s designee or the date the absentee ballot was delivered to the post office or other carrier, the date the ballot was received by the supervisor, the absence of the voter s signature on the voter s certificate, if applicable, and such other information he or she may deem necessary. This information shall be provided in electronic format as provided by rule adopted by the division. The information shall be updated and made available no Page 5 of 16
146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 later than noon 8 a.m. of each day, including weekends, beginning 60 days before the primary until 15 days after the general election and shall be contemporaneously provided to the division. This information shall be confidential and exempt from s. 119.07(1) and shall be made available to or reproduced only for the voter requesting the ballot, a canvassing board, an election official, a political party or official thereof, a candidate who has filed qualification papers and is opposed in an upcoming election, and registered political committees for political purposes only. Section 8. Section 101.65, Florida Statutes, is amended to read: 101.65 Instructions to absent electors. The supervisor shall enclose with each absentee ballot separate printed instructions in substantially the following form: READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT. 1. VERY IMPORTANT. In order to ensure that your absentee ballot will be counted, it should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the day of the election. However, if you are an overseas voter casting a ballot in a presidential preference primary or general election, your absentee ballot must be postmarked or dated no later than the date of the election and received by the supervisor of elections of the county in which you are registered to vote no later than 10 days after the date of the election. Page 6 of 16
175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write. 3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. If you are allowed to Vote for One candidate and you vote for more than one candidate, your vote in that race will not be counted. 4. Place your marked ballot in the enclosed secrecy envelope. 5. Insert the secrecy envelope into the enclosed mailing envelope which is addressed to the supervisor. 6. Seal the mailing envelope and completely fill out the Voter s Certificate on the back of the mailing envelope. 7. VERY IMPORTANT. In order for your absentee ballot to be counted, you must sign your name on the line above (Voter s Signature). An absentee ballot will be considered illegal and not be counted if the signature on the voter s certificate does not match the signature on record. The signature on file at the start of the canvass of the absentee ballots is the signature that will be used to verify your signature on the voter s certificate. If you need to update your signature for this election, send your signature update on a voter registration application to your supervisor of elections so that it is received no later than 5 p.m. on the day before an election the start of the canvassing of absentee ballots, which occurs no earlier than the 15th day before election day. 8. VERY IMPORTANT. If you are an overseas voter, you must include the date you signed the Voter s Certificate on the line above (Date) or your ballot may not be counted. Page 7 of 16
204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed. 10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent. Section 9. Paragraph (b) of subsection (1) of section 101.657, Florida Statutes, is amended to read: 101.657 Early voting. (1) (b) The supervisor shall designate each early voting site by no later than the 30th day before prior to an election and shall designate an early voting area, as defined in s. 97.021, at each early voting site. The supervisor shall designate, as necessary, the early voting sites in a special election held in a county. The supervisor shall provide to the division no later than the 30th day before an election the address of each early voting site and the hours that early voting will occur at each site. Section 10. Paragraph (d) of subsection (4) of section 101.68, Florida Statutes, is amended, and subsection (5) is added to that section, to read: 101.68 Canvassing of absentee ballot. (4) (d) Instructions must accompany the absentee ballot affidavit in substantially the following form: READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE Page 8 of 16
233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. 1. In order to ensure that your absentee ballot will be counted, your affidavit should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 5 p.m. on the 2nd day before the election. 2. You must sign your name on the line above (Voter s Signature). 3. You must make a copy of one of the following forms of identification: a. Identification that includes your name and photograph: United States passport or passport card; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; or public assistance identification; United States Department of Veterans Affairs veteran health identification card; or license to carry a concealed weapon or firearm issued pursuant to s. 790.06; or b. Identification that shows your name and current residence address: current utility bill, bank statement, government check, paycheck, or government document (excluding voter identification card). 4. Place the envelope bearing the affidavit into a mailing envelope addressed to the supervisor. Insert a copy of your identification in the mailing envelope. Mail, deliver, or have delivered the completed affidavit along with the copy of your identification to your county supervisor of elections. Be sure Page 9 of 16
262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 there is sufficient postage if mailed and that the supervisor s address is correct. 5. Alternatively, you may fax or e-mail your completed affidavit and a copy of your identification to the supervisor of elections. If e-mailing, please provide these documents as attachments. (5) The supervisor shall allow an elector who has submitted an absentee ballot to update his or her signature until 5 p.m. on the day before an election if the ballot has not been canvassed by the canvassing board. Section 11. Subsection (2) of section 101.6923, Florida Statutes, is amended to read: 101.6923 Special absentee ballot instructions for certain first-time voters. (2) A voter covered by this section shall be provided with printed instructions with his or her absentee ballot in substantially the following form: READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. 1. In order to ensure that your absentee ballot will be counted, it should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the date of the election. However, if you are an overseas voter casting a ballot in a presidential preference primary or general election, your absentee ballot must be postmarked or dated no Page 10 of 16
291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 later than the date of the election and received by the supervisor of elections of the county in which you are registered to vote no later than 10 days after the date of the election. 2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write. 3. Mark only the number of candidates or issue choices for a race as indicated on the ballot. If you are allowed to Vote for One candidate and you vote for more than one, your vote in that race will not be counted. 4. Place your marked ballot in the enclosed secrecy envelope and seal the envelope. 5. Insert the secrecy envelope into the enclosed envelope bearing the Voter s Certificate. Seal the envelope and completely fill out the Voter s Certificate on the back of the envelope. a. You must sign your name on the line above (Voter s Signature). b. If you are an overseas voter, you must include the date you signed the Voter s Certificate on the line above (Date) or your ballot may not be counted. c. An absentee ballot will be considered illegal and will not be counted if the signature on the Voter s Certificate does not match the signature on record. The signature on file at the start of the canvass of the absentee ballots is the signature that will be used to verify your signature on the Voter s Certificate. If you need to update your signature for this election, send your signature update on a voter registration Page 11 of 16
320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 application to your supervisor of elections so that it is received no later than 5 p.m. on the day before an election the start of canvassing of absentee ballots, which occurs no earlier than the 15th day before election day. 6. Unless you meet one of the exemptions in Item 7., you must make a copy of one of the following forms of identification: a. Identification which must include your name and photograph: United States passport or passport card; debit or credit card; military identification; student identification; retirement center identification; neighborhood association identification; or public assistance identification; United States Department of Veterans Affairs veteran health identification card; or license to carry a concealed weapon or firearm issued pursuant to s. 790.06; or b. Identification that which shows your name and current residence address: current utility bill, bank statement, government check, paycheck, or government document (excluding voter identification card). 7. The identification requirements of Item 6. do not apply if you meet one of the following requirements: a. You are 65 years of age or older. b. You have a temporary or permanent physical disability. c. You are a member of a uniformed service on active duty who, by reason of such active duty, will be absent from the county on election day. d. You are a member of the Merchant Marine who, by reason of service in the Merchant Marine, will be absent from the county on election day. Page 12 of 16
349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 e. You are the spouse or dependent of a member referred to in paragraph c. or paragraph d. who, by reason of the active duty or service of the member, will be absent from the county on election day. f. You are currently residing outside the United States. 8. Place the envelope bearing the Voter s Certificate into the mailing envelope addressed to the supervisor. Insert a copy of your identification in the mailing envelope. DO NOT PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER S CERTIFICATE OR YOUR BALLOT WILL NOT COUNT. 9. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed. 10. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent. Section 12. Present subsection (6) of section 189.04, Florida Statutes, is redesignated as subsection (7), and a new subsection (6) is added to that section, to read: 189.04 Elections; general requirements and procedures. (6) Candidates for an election conducted in accordance with the Florida Election Code pursuant to this section must appear on the ballot at the primary election conducted by the supervisor or supervisors of elections of the county or counties in which the district is located. Section 13. Paragraph (a) of subsection (3) of section 190.006, Florida Statutes, is amended to read: Page 13 of 16
378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 190.006 Board of supervisors; members and meetings. (3)(a)1. If the board proposes to exercise the ad valorem taxing power authorized by s. 190.021, the district board shall call an election at which the members of the board of supervisors will be elected. Such election shall be held in conjunction with a primary or general election unless the district bears the cost of a special election. Each member shall be elected by the qualified electors of the district for a term of 4 years, except that, at the first such election, three members shall be elected for a period of 4 years and two members shall be elected for a period of 2 years. All elected board members must be qualified electors of the district. 2.a. Regardless of whether a district has proposed to levy ad valorem taxes, commencing 6 years after the initial appointment of members or, for a district exceeding 5,000 acres in area or for a compact, urban, mixed-use district, 10 years after the initial appointment of members, the position of each member whose term has expired shall be filled by a qualified elector of the district, elected by the qualified electors of the district. However, for those districts established after June 21, 1991, and for those existing districts established after December 31, 1983, which have less than 50 qualified electors on June 21, 1991, sub-subparagraphs b. and d. shall apply. If, in the 6th year after the initial appointment of members, or 10 years after such initial appointment for districts exceeding 5,000 acres in area or for a compact, urban, mixed-use district, there are not at least 250 qualified electors in the district, or for a district exceeding 5,000 acres or for a compact, urban, mixed-use district, there are not Page 14 of 16
407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 at least 500 qualified electors, members of the board shall continue to be elected by landowners. b. After the 6th or 10th year, once a district reaches 250 or 500 qualified electors, respectively, then the positions of two board members whose terms are expiring shall be filled by qualified electors of the district, elected by the qualified electors of the district for 4-year terms. The remaining board member whose term is expiring shall be elected for a 4-year term by the landowners and is not required to be a qualified elector. Thereafter, as terms expire, board members shall be qualified electors elected by qualified electors of the district for a term of 4 years. c. Once a district qualifies to have any of its board members elected by the qualified electors of the district, the initial and all subsequent elections by the qualified electors of the district shall be held at the primary election preceding the general election in November. The board shall adopt a resolution if necessary to implement this requirement when the board determines the number of qualified electors as required by sub-subparagraph d., to extend or reduce the terms of current board members. d. On or before June 1 of each year, the board shall determine the number of qualified electors in the district as of the immediately preceding April 15. The board shall use and rely upon the official records maintained by the supervisor of elections and property appraiser or tax collector in each county in making this determination. Such determination shall be made at a properly noticed meeting of the board and shall become a part of the official minutes of the district. Page 15 of 16
436 437 Section 14. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2015. Page 16 of 16